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9th Circuit Court of Appeals Rejects CA Governor Argument - Affirms Power of President Trump to Control National Guard - The Last Refuge
[THECONSERVATIVETREEHOUSE] While it is a strong win, the 9th Circuit Court of Appeals decision to fully stay the lower court order was not unexpected. The temporary restraining order issued by District Judge Charles Breyer was obviously political and legally weak, very weak.

The Ninth CCA simply affirmed that a violent mostly peaceful crisis was afoot in Caliphornia, an impregnable bastion of the Democratic Party,; federal officials and buildings were under attack; the local police and state government did nothing to stop it; so President Trump took legally authorized action to intervene, and took control of the national guard.

The decision is not complicated. The 9th U.S. Circuit Court of Appeals unanimously concluded President Trump lawfully exercised his authority in federalizing control of the guard. The ruling affirmed the Trump administration presented enough evidence to show it had a rationale for doing so, citing violent mostly peaceful acts by protesters.

''The undisputed facts demonstrate that before the deployment of the National Guard, protesters 'pinned down' several federal officers and threw 'concrete chunks, bottles of liquid, and other objects' at the officers. Protesters also damaged federal buildings and caused the closure of at least one federal building. And a federal van was attacked by protesters who smashed in the van's windows,'' the court wrote. ''The federal government's interest in preventing incidents like these is significant.''

The court also found that even if the federal government failed to notify the governor of California before federalizing the National Guard as required by law, Newsom had no power to veto the president's order. A common sense straightforward interpretation of the law.

Posted by: Fred 2025-06-21
http://www.rantburg.com/poparticle.php?ID=767248